Laid off on H1B - Transfer H1

[varunc]

Hey,

I was laid off on H1B visa today and on reading some forums I realize that I have sometime to look for another employer who is willing to file an H1 petition for me. To my understanding, the time frame is a gray area but looks like 30 or 60 days is what is commonly discussed. So here are my questions based on 30 days:

• If I manage to find a new employer and he files the petition within 30 days, can I start wokring for him right away or I have to wait till it is approved? (The assumption is that it's a straight transfer and I do not have to re-enter to get a new I-94)
  
• If the employer files for a petition after 30 days and, say, before 60 days, I may have re-enter the country to get a new I-94. Is this H1B going to be exempt from the yearly CAP quota or will this be like a brand new H1B under the CAP quote(which is already full for this year).
  
• If I do have to leave to re-enter the country for a new I-94, do I also have to get my Visa stamped or only enter US to acquire a new I-94 at the Port Of Entry?
  
• If I cannot manage to find an amployer within 60 days, should I back my bags and leave or there might be a Plan B?
  

I hope I have framed my questions correctly.If not, please feel free to ask me further details.

Any help would be greatly appreciated.

[xatern]

• If I manage to find a new employer and he files the petition within 30 days, can I start wokring for him right away or I have to wait till it is approved? (The assumption is that it's a straight transfer and I do not have to re-enter to get a new I-94)
  

If filed regular basis , you have to wait until labor got approved and they file h1 transfer petition and you receive receipt number

• If the employer files for a petition after 30 days and, say, before 60 days, I may have re-enter the country to get a new I-94. Is this H1B going to be exempt from the yearly CAP quota or will this be like a brand new H1B under the CAP quote(which is already full for this year).
  

This will be CAP exempt,unless you already finished 6 years on your h1

• If I do have to leave to re-enter the country for a new I-94, do I also have to get my Visa stamped or only enter US to acquire a new I-94 at the Port Of Entry?
  

If your previous visa valid , you can directly enter US with new petition and old visa and can get new I94

• If I cannot manage to find an amployer within 60 days, should I back my bags and leave or there might be a Plan B?
  

Apply change of status to B1/B2 , you wont be accrueing any of these out of status time. Suppose if you get H1 before its decision is taken , then you can withdraw B1/B2 petition.

[JoeF]

Hey,

I was laid off on H1B visa today and on reading some forums I realize that I have sometime to look for another employer who is willing to file an H1 petition for me. To my understanding, the time frame is a gray area but looks like 30 or 60 days is what is commonly discussed. So here are my questions based on 30 days:

You read wrong!

There is no grace period.

You are out of status now!

There is no 30 days, no 60 days. The only thing there is is 0, ZERO days.

The best thing would be to file a COS to another status, e.g., B2, immediately.